MUMBAI: The Indian Patent Office has denied American drugmaker Pfizer patents for certain isomers and stereoisomers of tofacitinib, a product it markets globally as Xeljanz for the treatment of rheumatoid arthritis, in the latest example of a foreign company finding it difficult to patent incremental innovations in the country.

While dismissing the patent claim, the Indian Patent Office on September 3 asked the company whether the new claims proved enhanced efficacy over the base compound. The base compound of the drug has been granted patents in India and Pfizer attempted to secure additional patents for the follow-up improvements. Pfizer told ET that it is reviewing its options for further action in the wake of the decision.

“Pfizer’s base patent for tofacitinib remains valid in India…Pfizer remains committed to innovation and the long term viability of its research and development programs for the benefit of patients and healthcare practitioners in India and across the world,” a company spokesperson said in an email response.

In its application Pfizer argued that the claims cannot be bracketed under Section 3(d) of the Indian Patent Act noting that while the present application is directed to an isomer, there is no known substance known to the public through prior publication.

Section 3(d) of the Indian Patent Act in essence notes that inventions that are mere “discovery” of a “new form” of a “known substance” and do not result in increased efficacy of that substance are not patentable.

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